Townsend v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank B. Townsend, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tates on the 12th day of December, 1911, upon the verdict of a jury, rendered by direction of the court after a trial at the Tates Trial Term, dismissing the complaint upon the merits.
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Appeal by the plaintiff, Frank B. Townsend, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tates on the 12th day of December, 1911, upon the verdict of a jury, rendered by direction of the court after a trial at the Tates Trial Term, dismissing the complaint upon the merits. The action was commenced on the 5th day of June, 1911, to recover the sum of $1,050 ás a penalty for the refusal of the defendant, as treasurer of the Combination Vendor Company, a domestic corporation, to deliver to the plaintiff, upon his written…
1Opinion of the Court
McLennan, P. J.:
The Combination Vendor Company is a domestic corporation having a capital stock of $100,000, with its office and principal place of business at Penn Yan, N. Y. Plaintiff has been the owner of 180 shares of its capital stock since its incorporation, and has been a director of the corporation since its organization. The defendant is the treasurer of the corporation. ■
Section 69 of the Stock Corporation Law (Consol. Laws, chap. 59; Laws of 1909, chap. 61) provides as follows: “ Stockholders owning five per centum of the capital stock of any corporation other than a moneyed…
2Cited by2 opinions
- Ellingson v. World Amusement Service Assn. Inc.Supreme Court of Minnesota · 1928
- Klingenschmidt v. MartocciCity of New York Municipal Court · 1919